Manjay Ray @ Manjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6493 of 2019 ====================================================== Manjay Ray @ Manjay Kumar S/o Chhedi Ray R/o Village-Baligaon, P.S.- Baligaon, District-Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner, Department of Excise, Govt. of Bihar, Patna 2.

The District Magistrate-Cum-District Collector, Vaishali, Hajipur 3.

The Superintendent of Police, Vaishali, Hajipur 4.

The Excise Superintendent, Vaishali, Hajipur 5.

The Station House Officer, Baligaon Police Station, Vaishali 6.

The Investigation Officer of Baligaon P.S. Case No.-50/2018 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Respondent/s :

Mr.Vikash Kumar ( Sc11 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 25-06-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of the Bajaj Platina Motorcycle bearing Registration No. BR33Q2533, which has been seized in connection with Baligaon P.S. Case No. 50 of 2018 for the offences punishable under Sections 414/34of the Indian Penal Code and Sections 30(a), 32(2), 38(2) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CWJC No.6493 of 2019 dt.25-06-2019 2/3 It is stated by learned counsel for the petitioner that 9 litres of IMFL has been seized; the confiscation proceeding is pending and the vehicle is lying under the open sky in the police station. The seizure list supports the seizure of the motorcycle and 9 litres of IMFL.

Having heard learned counsel for the parties and taking note of the nature of seizure made as well as the fact that the confiscation proceeding is pending, we direct that the vehicle in question be released provisionally in favour of the petitioner on production of ownership and registration with respect to vehicle in question in his name before the District Magistrate, Vaishali with two sureties to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the sureties shall also furnish the following affidavits/undertakings:

(i) That the vehicle in question has never been involved in any offence of similar nature in past and shall not indulge in similar offence in future.

(ii) That the petitioner shall not indulge in creating any third party right or interest in respect of the vehicle during the pendency of the confiscation proceeding and shall not alienate the vehicle during this period.

Patna High Court CWJC No.6493 of 2019 dt.25-06-2019 3/3 (iii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required.

(iv) Prior to release of the vehicle, a Panchanama would be prepared by the District Magistrate,Vaishali wherein the photograph of the vehicle shall be taken and will be certified by the petitioner and the same shall be kept on record so that in future if so required, it may be used as a secondary evidence. The petitioner shall furnish an undertaking not to challenge the said Panchanama in course of trial.

The release shall be allowed within a period of 14 days from the date of submission of the sureties and the undertakings as stated above. This release would however, be subject to finalization of the confiscation proceeding. With the observations above, this writ petition is allowed.

(Jyoti Saran, J) ( Partha Sarthy, J) sushma/prakashAFR/NAFR NAFR CAV DATE NA Uploading Date 08.07.2019 Transmission Date NA